CS for CS for SB 426 First Engrossed
2019426e1
1 A bill to be entitled
2 An act relating to firefighters; creating s. 112.1816,
3 F.S.; providing definitions; granting certain benefits
4 to a firefighter upon receiving a diagnosis of cancer
5 if certain conditions are met; requiring an employer
6 to make certain disability payments to a firefighter
7 in the event of a total and permanent disability;
8 providing for death benefits to a firefighter’s
9 beneficiary if a firefighter dies as a result of
10 cancer or cancer treatments; specifying that any costs
11 associated with benefits granted by the act must be
12 borne by the employer; specifying that an employer may
13 not increase employee contributions to fund the
14 benefits granted by this act; requiring the Division
15 of State Fire Marshal to adopt certain rules; amending
16 s. 121.735, F.S.; adjusting the allocation of funds to
17 provide line-of-duty death benefits for members in the
18 investment plan of the Florida Retirement System;
19 directing the Division of Law Revision to adjust the
20 employer contribution rates for the Special Risk Class
21 and DROP in the Florida Retirement System; providing a
22 declaration of important state interest; providing an
23 effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Section 112.1816, Florida Statutes, is created
28 to read:
29 112.1816 Firefighters; cancer diagnosis.—
30 (1) As used in this section, the term:
31 (a) “Cancer” includes:
32 1. Bladder cancer.
33 2. Brain cancer.
34 3. Breast cancer.
35 4. Cervical cancer.
36 5. Colon cancer.
37 6. Esophageal cancer.
38 7. Invasive skin cancer.
39 8. Kidney cancer.
40 9. Large intestinal cancer.
41 10. Lung cancer.
42 11. Malignant melanoma.
43 12. Mesothelioma.
44 13. Multiple myeloma.
45 14. Non-Hodgkin’s lymphoma.
46 15. Oral cavity and pharynx cancer.
47 16. Ovarian cancer.
48 17. Prostate cancer.
49 18. Rectal cancer.
50 19. Stomach cancer.
51 20. Testicular cancer.
52 21. Thyroid cancer.
53 (b) “Employer” has the same meaning as in s. 112.191.
54 (c) “Firefighter” means an individual employed as a full
55 time firefighter within the fire department or public safety
56 department of an employer whose primary responsibilities are the
57 prevention and extinguishing of fires; the protection of life
58 and property; and the enforcement of municipal, county, and
59 state fire prevention codes and laws pertaining to the
60 prevention and control of fires.
61 (2) Upon a diagnosis of cancer, a firefighter is entitled
62 to the following benefits, as an alternative to pursuing
63 workers’ compensation benefits under chapter 440, if the
64 firefighter has been employed by his or her employer for at
65 least 5 continuous years, has not used tobacco products for at
66 least the preceding 5 years, and has not been employed in any
67 other position in the preceding 5 years which is proven to
68 create a higher risk for any cancer:
69 (a) Cancer treatment covered within an employer-sponsored
70 health plan or through a group health insurance trust fund. The
71 employer must timely reimburse the firefighter for any out-of
72 pocket deductible, copayment, or coinsurance costs incurred due
73 to the treatment of cancer.
74 (b) A one-time cash payout of $25,000, upon the
75 firefighter’s initial diagnosis of cancer.
76
77 If the firefighter elects to continue coverage in the employer
78 sponsored health plan or group health insurance trust fund after
79 he or she terminates employment, the benefits specified in
80 paragraphs (a) and (b) must be made available by the former
81 employer of a firefighter for 10 years following the date on
82 which the firefighter terminates employment so long as the
83 firefighter otherwise met the criteria specified in this
84 subsection when he or she terminated employment and was not
85 subsequently employed as a firefighter following that date. For
86 purposes of determining leave time and employee retention
87 policies, the employer must consider a firefighter’s cancer
88 diagnosis as an injury or illness incurred in the line of duty.
89 (3)(a) If the firefighter participates in an employer
90 sponsored retirement plan, the retirement plan must consider the
91 firefighter totally and permanently disabled in the line of duty
92 if he or she meets the retirement plan’s definition of totally
93 and permanently disabled due to the diagnosis of cancer or
94 circumstances that arise out of the treatment of cancer.
95 (b) If the firefighter does not participate in an employer
96 sponsored retirement plan, the employer must provide a
97 disability retirement plan that provides the firefighter with at
98 least 42 percent of his or her annual salary, at no cost to the
99 firefighter, until the firefighter’s death, as coverage for
100 total and permanent disabilities attributable to the diagnosis
101 of cancer which arise out of the treatment of cancer.
102 (4)(a) If the firefighter participated in an employer
103 sponsored retirement plan, the retirement plan must consider the
104 firefighter to have died in the line of duty if he or she dies
105 as a result of cancer or circumstances that arise out of the
106 treatment of cancer.
107 (b) If the firefighter did not participate in an employer
108 sponsored retirement plan, the employer must provide a death
109 benefit to the firefighter’s beneficiary, at no cost to the
110 firefighter or his or her beneficiary, totaling at least 42
111 percent of the firefighter’s most recent annual salary for at
112 least 10 years following the firefighter’s death as a result of
113 cancer or circumstances that arise out of the treatment of
114 cancer.
115 (c) Firefighters who die as a result of cancer or
116 circumstances that arise out of the treatment of cancer are
117 considered to have died in the manner as described in s.
118 112.191(2)(a), and all of the benefits arising out of such death
119 are available to the deceased firefighter’s beneficiary.
120 (5)(a) The costs to provide the reimbursements and lump sum
121 payments under subsection (2) and the costs to provide
122 disability retirement benefits under paragraph (3)(b) and the
123 line-of-duty death benefits under paragraph (4)(b) must be borne
124 solely by the employer.
125 (b) The employer or employers participating in a retirement
126 plan or system are solely responsible for the payment of the
127 contributions necessary to fund the increased actuarial costs
128 associated with the implementation of the presumptions under
129 paragraphs (3)(a) and (4)(a), respectively, that cancer has, or
130 the circumstances that arise out of the treatment of cancer
131 have, either rendered the firefighter totally and permanently
132 disabled or resulted in the death of the firefighter in the line
133 of duty.
134 (c) An employer may not increase employee contributions
135 required to participate in a retirement plan or system to fund
136 the costs associated with enhanced benefits provided in
137 subsections (3) and (4).
138 (6) The Division of State Fire Marshal within the
139 Department of Financial Services shall adopt rules to establish
140 employer cancer prevention best practices as it relates to
141 personal protective equipment, decontamination, fire suppression
142 apparatus, and fire stations.
143 Section 2. Subsection (3) of section 121.735, Florida
144 Statutes, is amended to read:
145 121.735 Allocations for member line-of-duty death benefits;
146 percentage amounts.—
147 (3) Effective July 1, 2017, Allocations from the Florida
148 Retirement System Contributions Clearing Trust Fund to provide
149 line-of-duty death benefits for members in the investment plan
150 and to offset the costs of administering said coverage, are as
151 follows:
152
153
154 Membership Class Percentage of Gross Compensation
155 Regular Class 0.05%
156 Special Risk Class 1.21% 1.15%
157 Special Risk Administrative Support Class 0.03%
158 Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders 0.15%
159 Elected Officers’ Class— Justices, Judges 0.09%
160 Elected Officers’ Class— County Elected Officers 0.20%
161 Senior Management Service Class 0.05%
162 Section 3. (1) In order to fund the benefit changes
163 provided by this act to the Florida Retirement System, the
164 required employer contribution rates for the members of the
165 Florida Retirement System are increased as follows:
166 (a) By 0.08 percentage point for the rate established in s.
167 121.71(4), Florida Statutes, for the Special Risk Class.
168 (b) By 0.01 percentage point for the rate established in s.
169 121.71(5), Florida Statutes, for the Special Risk Class.
170 (c) By 0.02 percentage point for the rate established in s.
171 121.71(5), Florida Statutes, for DROP.
172 (2) The adjustments provided in subsection (1) are in
173 addition to any other changes to such contribution rates which
174 may be enacted into law to take effect on July 1, 2019. The
175 Division of Law Revision is directed to adjust accordingly the
176 contribution rates provided in s. 121.71, Florida Statutes.
177 Section 4. The Legislature determines and declares that
178 this act fulfills an important state interest.
179 Section 5. This act shall take effect July 1, 2019.